General
The www.atceramics.com website is operated by American Technical Ceramics Corporation and its affiliates (collectively, “ATC”, “we” or “us”). These Terms of Use apply to www.atceramics.com and any other website offered by us, which references or links to these Terms of Use (collectively, the “Site”). These Terms of Use do not apply offline and do not alter the terms of any other agreement that you may have with us. Your access and use of the Site reflects your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or use the Site and do not engage in any services offered by us via the Site. We reserve the right to change these Terms of Use from time to time, and at any time, without prior notice to you. By using the Site following any changes to these Terms of Use, you agree to be bound by any such changes.

Privacy
Along with these Terms of Use, please also read our Privacy Policy and refer to it before submitting any personal information to the Site. The Privacy Policy is hereby incorporated and made part of these Terms of Use.

Use of the Site
Other than as expressly permitted in the next paragraph, you may not copy, reproduce, imitate, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site, for any commercial purpose or enterprise, without our prior written permission. You may not use the Site or any content within the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ATC, its affiliates or other individuals.

You may display the pages of the Site and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the pages from the Site solely for your own internal, noncommercial, lawful use. You may use materials on the Site, such as white papers, press releases, datasheets and FAQs, provided that (1) the below copyright notice and this permission notice appear, (2) use of such materials is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any materials are made. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, (b) attempt to gain unauthorized access to the Site, any portion thereof or any other computer systems or platforms through the Site, (c) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Site or any content on Site, or (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ATC, to its source. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

We reserve the right, at any time, to modify, suspend or discontinue our Site and/or any content provided on the Site without notice to you.

Accounts and Passwords
Visitors may have limited ability to visit and browse the Site, but will not have full access to the services and our offerings without first creating an account. When you set up an account, you are required to complete a profile and submit certain personal information to ATC. We may issue you, or enable you to establish, a username and password for the Site. You are responsible for maintaining the confidentiality of your account information and account password, and for any activity that occurs under your account, including any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password information. You will (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Site. You may not use anyone else’s password or account at any time on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by ATC or any other user to the Site if your failure to keep your account information secure and confidential results in someone else’s use of your account, password and account information.

Purchases
You agree that all purchases are subject to the terms and conditions in any express written contract between ATC and the purchaser of such products and the ATC Terms and Conditions of Sale. You represent and warrant that you have the legal right to use the DEBIT OR credit card(s) or other payment method(s) utilized in connection with any transactions on the Site. Any credit card or debit card payments made by you via the Site are processed by a third-party payment processor. The payment processor may not support all payment methods, currencies or locations for payment. Please review all payment and transaction policies available on the Site and/or contact your credit card issuer for more information. The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor in addition to these Terms of Use. Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). For digitally delivered or accessed orders, your credit or debit card will be charged before you initiate the download of the product or information.

Unsolicited Submissions
Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download, or otherwise (“Unsolicited Submission”), is non-confidential, and automatically becomes ATC’s property upon receipt, including all rights therein, without any compensation to you. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose. Specifically, we are free to use any ideas or concepts contained in any such Unsolicited Submission for any purpose whatsoever, without any compensation to you. ATC does not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives, or obtained from sources other than you.

Intellectual Property
ATC owns all right, title and interest in and to the Site, all textual, photographic, video, audio, audiovisual materials and other content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Site, the compilation of the content, code, data and materials on the Site, including but not limited to all intellectual property rights therein. Your use of the Site does not grant to you ownership in, or rights to, any of the foregoing. The Site is a copyrighted work under the United States’ and other copyright laws, and is the property of ATC. The collective work includes those works that are licensed to ATC. ATC trademarks and service marks are protected by state, federal, and international trademark laws. These Terms of Use do not grant any license or authorization to use such trademarks and service marks.

Software License
Any software that is made available to download from this Site (“Software”) is the copyrighted work of ATC. Use of the Software is limited to the specific purposes for which the Software is offered as set forth on the relevant page of this website. An end user is not permitted to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

ATC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Linking
The Site may contain links to other websites, which may be of interest to you. ATC is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate.

Electronic Communications
The communications between you and us use electronic means, whether through the Site or via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.

Mobile Services
If permitted or available through any feature of the Site, and you access the Site using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier.

Children
THIS SITE IS ONLY INTENDED FOR VIEWING IN THE UNITED STATES IF YOU ARE EIGHTEEN (18) YEARS OR OLDER AND NOT A MINOR IN YOUR STATE OF RESIDENCE. IF YOU ARE NOT AN INTENDED USER, DO NOT USE OR VIEW THIS SITE.

DISCLAIMER
THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, DATA ACCURACY, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. ATC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.

LIMITATION OF LIABILITY
IN NO EVENT WILL ATC, ITS AFFILIATES, ITS RESPECTIVE SUPPLIERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE, EXCEED the greater of (A) $10 (UNITED STATED DOLLARS), OR (B) THE AMOUNT PAID BY YOU FOR MATERIALS PURCHASED THROUGH THE SITE AND THAT ARE THE SUBJECT OF THE CLAIM.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity
You agree to indemnify, defend, and hold harmless ATC, its affiliates, and any of their respective officers, directors, members, partners, shareholders, employees, agents, licensors or service providers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, your violation of any third party right or your violation of these Terms of Use, or of any activity otherwise related to your use of the Site (including negligent or wrongful conduct), by you or any other person accessing the Site using an account registered to you.

Jurisdictional Issues
The Site is operated out of the United States. ATC makes no representation that the Site, materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Site in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.

Miscellaneous
These Terms of Use and the relationship between you and ATC are governed in all respects by the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions, but specifically excluding the provisions of the United Nations Convention for the International Sale of Goods, the 1974 Convention on the Limitation Period in the International Sale of Goods, and the Protocol amending the 1974 at Vienna, April 11, 1980. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. By using the Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. ATC’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct, course of performance, course of dealing or usage of trade between the parties shall act to interpret, construe, qualify, explain, supplement or modify any of these Terms of Use. ATC may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

If you have any questions regarding these Terms of Use, please send an e-mail to: generalcounsel@avx.com.